Elements of Constructive Dismissal
If you’re a non-unionized employee and your employer has made changes to the terms of your employment that make it intolerable, then you may be able to claim constructive dismissal. Constructive dismissal is a form of termination that occurs when an employer breaches the terms of trust and confidence that are implied into all contracts of employment. This breach can be in the form of a significant breach of employment law, or more subtle forms that are harder to prove.
It can also be a case of harassment, bullying, or discrimination if the employer does not take steps to prevent such behaviour. This can be hard to prove, but it is a very serious breach that could warrant resigning from the workplace.
In some cases, employees are forced to resign from their job because of the intolerable working conditions. In such cases, the employer will not usually be able to offer severance pay or unemployment benefits. This can be a major blow to someone’s financial security, especially if they have children to support and other responsibilities to tend to. It can also be a black mark on an employee’s resume and can cause hiring managers to question the legitimacy of their resignation during future job applications.
Often, employers will try to minimize the damage of a constructive dismissal by saying that the employee resigned “of their own free will.” This is a common misconception that can be challenged in court. The reason why it is important to discuss the matter with a Toronto constructive dismissal lawyer is that, even if you haven’t signed an official contract or letter of employment, your terms of employment are implied by common law and enforceable by legislation. We can help you to determine what the terms of your employment are, and show how they have been changed in a way that makes them unfavorable and unreasonable.
What Are the Elements of Constructive Dismissal?
The elements of constructive dismissal Toronto vary from person to person, but there are a number of key points that are generally considered. These include a change in work environment or a change to your duties and responsibilities that makes them untenable, a demotion of rank or status that isn’t justified in the circumstances, significant changes in the location of your employment, or an arbitrarily-imposed suspension or layoff.
Aside from these general issues, there are a few other situations that can result in a constructive dismissal. This includes a change in work procedures or systems that affects the ability to perform the job, a failure to provide sufficient training before implementing new systems during high-pressure organizational periods, and failing to accommodate an employee’s disability without reasonable justification.
Aside from these issues, it is crucial to speak with a constructive dismissal lawyer near me as soon as you suspect that your employment relationship is coming to an end. The sooner you act, the more likely it is that you will be able to claim compensation for your losses resulting from the constructive dismissal.
